Western Australia
Understanding road laws
Introduction
The Road Traffic Code 2000 provides requirements for how people must be restrained when travelling in a motor vehicle, in the following age groups:
• Under 6 months
• 6 months to under 4 years
• 4 years to under 7 years
• 7 years to under 16 years
• 16 years and over
The rules define the types of vehicle restraints that are 'approved' (e.g., Australian standard car seat, seatbelt). The type of vehicle restraint required will depend on the persons age and size. These approved vehicle restraints are legal to use when travelling in a motor vehicle.
Where a person with a disability or medical condition is unable to travel in an approved vehicle restraint, there are exemptions that allow them to travel in an alternative way.
Exemptions
An exemption is required when a person is travelling in any of the following ways:
- special purpose car seat
- modified Australian standard car seat
- specialty harness/vest
- travel in the front row of a vehicle which has two or more rows (under 7 years)
- in rare cases, no child restraint or vehicle seatbelt
The most common exemptions for Western Australia are listed below. There are also vehicle standard exemption requirements for the legal use of seatbelt buckle covers.
MACA trained allied health professionals can help families and clients comply with these requirements.
Road laws
A person can be exempt from travelling in an approved Australian standard car seat or seatbelt, and travel in a special purpose car seat, modified Australian standard car seat, specialty harness/vest, in the front row of a vehicle with two or more rows, or in rare cases no child restraint or vehicle restraint.
The person must be carrying in the vehicle (or produce within a reasonable time) a medical certificate, issued by a medical practitioner, that meets the following requirements.
The medical certificate states that:
* the person is unable for medical reasons to travel in a seatbelt, OR
* that because of the person’s size, build or other characteristic, it would be unreasonable to require the person to travel in a seatbelt, OR
* the person is unable for medical reasons to sit anywhere except in the front row (for vehicles that have two or more rows of seats)
The medical certificate:
* specifies the date period to have effect and that period has not expired, OR
* is endorsed with the words 'permanent disability', OR
* in any other case, a period of not more than 2 years has expired from the day of its issue.
Road laws - under 16 years only
On 25 September 2020, Western Australia introduced an exemption notice relating to transporting children and young people (under 16 years) with disabilities and medical conditions in motor vehicles.
The notice exempts the driver of the motor vehicle from transporting a passenger in accordance with the child restraint requirements, providing the following conditions are met.
Note: a 'prescriber' includes a medical practitioner, occupational therapist, psychologist, physiotherapist, rehabilitation engineer, or biomedical engineer.
* The child or young person is restrained in a device prescribed by a prescriber in accordance with AS/NZS 4370:2013
* The device is fitted in accordance with instructions in the Advice to Parent form
* The driver is carrying a current Advice to Parent form
* The driver (of the vehicle the child or young person is travelling in) has a medical certificate certifying the child’s diagnosis as stated in the Advice to Parent form
Advice to Parent/Client form
The Advice to Parent form (under 16 years) and Advice to Client form (16 years and over) are provided for use by MACA trained professionals.
The MACA Guide, provided free to participants of our online training course, includes detailed information to assist prescribers in completing the forms.
Disclaimer: The Advice to Parent/Client form is only for use by MACA trained professionals. MACA bears no responsibility for unauthorised use of this form.
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